Welcome and thank you for your interest in the products and services made available by MyDojo, Inc., a Delaware corporation doing business as MathsGenie (“MathsGenie”, “we”, “us” or “our”). This Terms of Service Agreement (“Terms of Service”, and together with any applicable Supplemental Terms (as defined in Section 1.3 (Supplemental Terms)), the “Agreement”) describes the terms and conditions that apply to your use of (i) the website located at mathsgenie.co.uk and its subdomains (collectively, the “Website”), (ii) the web and mobile applications made available by MathsGenie (collectively, “Application”), and (iii) the products, services, content, and other resources available on or enabled via our Website and the Application, including educational and revision resources, curriculum-aligned learning materials, question banks, worked solutions, exam preparation tools, learning analytics, and artificial intelligence-powered educational tools and features, including tutoring tools, revision assistants, flashcards, notes, explanations, feedback and other educational support features and applications that we may make available from time to time (collectively, with our Application and Website, the “Service”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR ACCESSING THE APPLICATION, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE AND ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), YOU ARE ACCESSING AND USING THE SERVICE UNDER THE GUIDANCE OF A PARENT OR GUARDIAN WHO IS AGREEING TO THE AGREEMENT ON YOUR BEHALF; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICE.
If you are accessing the Service through authorization from a School or educational institution that has signed a separate School Enterprise License Agreement (and associated Data Processing Addendum) with us ("Separate Terms"), those separate terms govern your use of the Service in that enterprise context, and this Agreement applies only to any personal or non‑enterprise use of the Service (for example, a personal Consumer account you create on your own). IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICE FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT MATHSGENIE’S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 8.3(a) (AUTOMATIC RENEWAL) BELOW.
SECTION 15 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND MATHSGENIE. AMONG OTHER THINGS, SECTION 15 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 (ARBITRATION AGREEMENT) CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 15) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 15.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
THE AGREEMENT IS SUBJECT TO CHANGE BY MATHSGENIE IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 16.7 (AGREEMENT UPDATES).
PLEASE REVIEW THE MATHSGENIE PRIVACY POLICY AND COOKIE POLICY TO UNDERSTAND HOW YOUR DATA AND INFORMATION WILL BE COLLECTED AND USED.
1. USE OF THE SERVICE.
The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and MathsGenie, your right to access and use the Service, in whole or in part, is subject to this Agreement.
1.1Access Rights. Subject to your compliance with this Agreement, MathsGenie grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to access the Website and the Application, including the features and functionality thereof, solely for your own personal purposes.
1.2Application License. Subject to your compliance with the Agreement, MathsGenie grants you a limited non-exclusive, non-transferable, non-sub-licensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms. Notwithstanding the first sentence in this section, with respect to any Application access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
1.3Supplemental Terms. Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Service are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.
1.4Updates. You acknowledge and agree that MathsGenie may update the Service with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service. Any future release, update or other addition to the Service shall be subject to this Agreement.
1.5Chatbot and AI-Enabled Features. MathsGenie provides certain features, including chatbot functionality and other AI-enabled tools designed to assist with learning, revision, exam preparation, explanations, practice, feedback, marking assistance and other educational activities, leveraging certain third-party services or applications to power such functionality. By using these functions, you hereby consent and authorize MathsGenie to share any information you provide with one or more third party providers to the minimum extent required to complete your request. We explicitly prohibit third-party AI providers from retaining your identifiable data or prompts for their own independent model training. Any retention of data by these third parties is strictly limited to brief windows solely for security and abuse monitoring. YOU, AND NOT MATHSGENIE, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THESE FUNCTIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INFORMATION PROVIDED BY THE CHATBOT OR ANY OTHER AI-ENABLED FEATURE MADE AVAILABLE THROUGH MATHSGENIE OR SUCH THIRD PARTY PROVIDERS IS AT YOUR OWN RISK. BECAUSE CHATBOTS UTILIZE ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, OUR CHATBOT(S) MAY PROVIDE INFORMATION THAT IS AN INACCURATE RESPONSE TO YOUR REQUESTS IN ITS INTERACTIONS WITH YOU. YOU AGREE THAT MATHSGENIE WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR THE CHATBOT (OR ANY OTHER AI-ENABLED FEATURE MADE AVAILABLE BY THE MATHSGENIE OR THIRD PARTY PROVIDERS) PROVIDING INACCURATE INFORMATION TO YOU. YOU UNDERSTAND AND AGREE THAT AI‑GENERATED OUTPUTS (INCLUDING GRADES, SCORES, RUBRICS, AND NARRATIVE FEEDBACK) ARE ADVISORY ONLY AND MAY BE INACCURATE OR INCOMPLETE, AND YOU MUST NOT RELY ON THEM AS THE SOLE BASIS FOR ANY HIGH‑STAKES ACADEMIC DECISION (SUCH AS FINAL GRADES, TRANSCRIPT ENTRIES, PROMOTION OR RETENTION DECISIONS, OR FORMAL DISCIPLINARY ACTIONS).
1.6Privacy. Your use of the Service is also governed by the MathsGenie Privacy Policy, which explains how we collect, use, and protect personal information (including Student data), and how we comply with privacy and education laws such as GDPR/UK GDPR, CCPA/CPRA, FERPA (when acting as a School official), PDPL and COPPA.
2. REGISTRATION.
2.1Registering Your Account. In order to access certain features of the Service, you may be required to register an account on the Service (“Account”).
2.2Registration Data. In registering an account on the Service, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
2.3Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of MathsGenie. Furthermore, you are responsible for all activities that occur under your Account. As a parent or guardian accepting the Agreement on behalf of a minor user who has registered an Account, you shall monitor such Account and accept full responsibility for any unauthorized use of the Service by minors. You may not share your Account or password with anyone, and you agree to notify MathsGenie immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, incomplete or not current, or MathsGenie has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, MathsGenie has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. MathsGenie reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by MathsGenie, or if you have been previously banned from any of the Service.
2.4Find a Friend. When you register an Account, please note that other users at the institution in which you are enrolled may be able to search for and find your username and invite you to join their network on the Service. Similarly, you may search for other users enrolled at your institution on the Service by username and invite them to join your network. Maths Genie does not verify the identity, age, or school affiliation of any user. School affiliation is self-declared and not independently verified. Users interact with one another at their own risk. We may, but are not required to, review account information for basic platform eligibility, and any such review does not constitute verification or endorsement. Users who are not within your network will only have access to your username and no additional information. Once a user has joined your network on the Service, then the user may have the ability to see additional information about you in accordance with your privacy settings. Maths Genie does not verify the identity, age, or school affiliation of any user. Users' school affiliations are self-declared, and we do not conduct background checks. You interact with other users entirely at your own risk.
2.5User Interactions and Tutoring Directory. MathsGenie may provide directories, listings, recommendation systems, matching services, booking functionality or other tools that allows users to browse, apply to be listed, and connect with independent tutors. We may review tutor applications at a high level for platform eligibility, but we do not verify credentials, conduct background checks, or guarantee suitability. MathsGenie provides this feature solely as a platform for connection and does not supervise, endorse, or assume responsibility for any tutor’s services, conduct, or outcomes. MathsGenie expressly disclaims any and all liability for any acts, omissions, conduct, or interactions of any users or tutors, whether online or offline, including any personal injury, misconduct, or unlawful behavior occurring during or after such interactions. You assume all risks associated with your interactions with other users and tutors. If you are under 18, you confirm that a parent or guardian is aware that you may contact or engage with a tutor through the Service.
3. CONTENT.
3.1Types of Content. Subject to your compliance with this Agreement, You may share or upload certain documents and educational materials (including assignments, examination responses, practice answers, revision notes, worked solutions and other educational or academic materials), information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (“Content”) through the Service, including by way of your prompts, comments, questions, responses to Chatbot or other questions, and other input to the Service (collectively, “Input”). You, and not MathsGenie, are entirely responsible for all Input that you upload, share, post, email, transmit, query or otherwise make available through or to the Service. When you make available any Input on or to the Service, you represent that you own and/or have sufficient rights to use such Input in connection with the Service, including to grant the license set forth in Section 3.3 (License to Your Content). In response to any prompts, comments, questions, and other Input that You provide to the Service, the Service, together with AI Services, may generate new or revised Content (“Output”). You acknowledge that the Outputs are based on your Inputs and your Content, and that MathsGenie has no control over any such Inputs or Content. Accordingly, all Outputs are provided “as is” and with “all faults”, and MathsGenie makes no representations or warranties of any kind or nature with respect to any Inputs or Outputs, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability, or with respect to the ability for Outputs or Inputs to be protected by intellectual property rights under any laws, rules, or regulations. You are solely responsible for your use of your Outputs created through the Service, and you assume all risks associated with your use of any Outputs, including any potential copyright infringement claims from third parties or any disclosure of your Outputs that personally identifies you or any third party.
3.2Ownership of Content. MathsGenie does not claim ownership of any Inputs or any other Content you upload to the Service, or any Outputs (collectively, “Your Content”). Subject to Section 3.3 (License to Your Content), as between MathsGenie and you, you are the owner of all right, title and interest in Your Content. Notwithstanding the foregoing, given the nature of the Service, you acknowledge that: (a) Output may not be unique across users and the Service may generate the same or similar output for another user under similar terms; and (b) MathsGenie does not represent or warrant that the Outputs are protectible by any intellectual property rights under applicable law.
3.3License to Your Content. Subject to any applicable Account settings that may be made available to you, you grant MathsGenie a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, and publicly display Your Content (in whole or in part) as necessary to operate, maintain, secure, and improve the Service. Any use of Your Content by MathsGenie for the purposes of training, fine-tuning, or otherwise improving any artificial intelligence models, algorithms, or related technology is strictly limited to data that has been fully de-identified and aggregated. For clarity, MathsGenie will not use Your Content, where it contains identifiable Student Data or Educational Records, to train, fine‑tune, or otherwise improve any general‑purpose foundation AI models, whether owned by MathsGenie or by third‑party AI providers. MathsGenie may, however, use de‑identified or aggregated information derived from Your Content to improve the Service and our AI systems. Without limiting the foregoing, where Your Content includes essays, assignments, examination responses, revision notes, worked solutions or other educational materials, you grant MathsGenie a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free licence to host, reproduce, adapt, publish, distribute, display, create derivative works from and otherwise use such materials for educational, research, content development, commercialisation and Service improvement purposes, subject to our Privacy Policy and applicable law.
To the maximum extent permitted by applicable law, you irrevocably waive and agree not to assert any moral rights or similar rights that you may have in Your Content to the extent necessary to permit MathsGenie and its sublicensees to exercise the rights granted under this Section 3.3, including any right to be identified as the author of such content and any right to object to the modification, adaptation, publication, anonymisation, translation, distribution or other use of such content by MathsGenie in accordance with this Agreement. For the avoidance of doubt, MathsGenie may reproduce, adapt, publish, distribute, display and commercialise anonymised educational materials derived from Your Content, including essays, assignments, examination responses, worked solutions and revision materials, provided that any use of identifiable personal data remains subject to our Privacy Policy and applicable law.
3.4Content Provided by Other Users. The Service may contain Content provided by other users (“User Content”). MathsGenie is not responsible for and does not control User Content. MathsGenie does not approve or endorse, or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk. If you submit Your Content to any area of the Service that is accessible by other users, other users may be able to search for, see, use, modify and/or reproduce any of Your Content on or off the Service. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service; provided, however, that MathsGenie reserves the right, but has no obligation, to intercede in any disputes between you and any other users. You agree that MathsGenie will not be responsible for any liability incurred as the result of your interactions with other users.
3.5AI Services. Our Service may utilize certain publicly available artificial intelligence and deep learning Applications, algorithms, tools and models (“AI Services”) to generate Output. You acknowledge and agree that MathsGenie may share your Inputs with the AI Services for this purpose and such AI Services may process Your Content in accordance with their applicable terms and privacy practices, provided that MathsGenie will take reasonable steps to ensure that third-party AI providers do not retain identifiable Student Data or Educational Records for their own independent model training purposes. You must review and comply with such requirements for the AI Services used. You assume all risks associated with your use of such AI Services. MathsGenie will have no liability for the unavailability of any AI Services, or any third party’s decision to discontinue, suspend or terminate any AI Services. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN AI SERVICES MAY ENABLE END USERS TO MAKE REQUESTS AND RECEIVE RESPONSES, EXPLANATIONS, FEEDBACK, MARKING ASSISTANCE OR OTHER EDUCATIONAL SUPPORT RELATED TO QUESTIONS, ANSWERS, EXAMINATION RESPONSES, ASSIGNMENTS, REVISION MATERIALS AND OTHER CONTENT. SUCH AI SERVICES ARE INTENDED AS EDUCATIONAL SUPPORT TOOLS AND ARE NOT INTENDED TO COMPLETE ASSESSMENTS, EXAMINATIONS OR OTHER ACADEMIC WORK ON YOUR BEHALF.
3.6Content Restrictions. Your use of the Service must comply at all times with this Agreement and any applicable AI Services terms. Without limiting the foregoing, you must not share Content on or through the Service, or attempt to create Output through the Service, that: (A) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane; (B) infringes or misappropriates any third party’s intellectual property rights or other proprietary rights; (C) contains any viruses, worms or other malicious computer programming codes that may damage the Service; (D) contains any personal information, such as financial, medical or other sensitive personal information such as government IDs, passport numbers or social security numbers; or (E) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without MathsGenie’s prior written consent. Furthermore, Your Content may not contain nudity, violence, sexually explicit, obscene, or offensive subject matter as determined by MathsGenie in its sole discretion. You may not post or make available any Content that includes any identifiable person or any of their personal characteristics without that person’s permission.
3.7Storage. Unless expressly agreed to by MathsGenie in writing elsewhere, MathsGenie may, but has no obligation to store any of Your Content. MathsGenie has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. You agree that MathsGenie retains the right to create reasonable limits on MathsGenie’s use, processing and/or storage of Content, including Your Content, such as limits on file size, number of documents or files, storage space, processing capacity, and similar limits described on the Service and as otherwise determined by MathsGenie in its sole discretion.
4. OWNERSHIP.
4.1The Service. Except with respect to Your Content, you agree that MathsGenie and its suppliers or licensors own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, artificial intelligence algorithms, machine learning models, methods of operation, moral rights, documentation, and MathsGenie software) and all improvements, enhancements and updates made thereto. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
4.2Trademarks. MathsGenie, and all related stylizations, graphics, logos, service marks and trade names used on or with the Service are trademarks, service marks, trade names or other proprietary rights of MathsGenie or its licensors and may not be used without permission in connection with your, or any third party's, products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
4.3Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, or sharing your sessions, you hereby expressly permit MathsGenie to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
4.4Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to MathsGenie through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that MathsGenie has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to MathsGenie a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and/or MathsGenie’s business.
5. USER CONDUCT AND CERTAIN RESTRICTIONS.
As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or by applicable laws, rules, or regulations or which is contrary to public order or morals. You shall not (and shall not permit any third party) to: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Service (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using MathsGenie’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service, except to the extent the foregoing restrictions are expressly prohibited by applicable laws, rules, or regulations; (v) remove or destroy any copyright notices or other proprietary markings contained on or in the Service; (vi) impersonate any person or entity, including any employee or representative of MathsGenie; (vii) collect any personal data of another user without such user’s consent; (viii) interfere with or attempts to interfere with the proper functioning of the Service or use the Service in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service; (ix) copy, distribute, reproduce, alter, damage, modify, or create derivative works of any Content; (x) use the Service to cheat, plagiarize, or otherwise violate academic integrity or examination rules, (xi) share, publish, or disclose non‑public features, experimental functionality, or internal product roadmaps of the Service with any third party in a manner that competes with or is reasonably likely to cause competitive harm to MathsGenie (for example, disclosure to competing learning platforms); or use any Content to train, develop, or improve generative AI models, tools, or other automated systems, without written permission of MathsGenie. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Service terminates the licenses granted by MathsGenie pursuant to this Agreement.
Prohibited Data Extraction and AI Training. This restriction applies to all content, educational materials, explanations, solutions, question banks, outputs, metadata and other information made available through the Service, whether generated by users, MathsGenie or any artificial intelligence systems integrated into the Service. You agree not to use any robot, spider, scraper, data mining tool, or other automated means to access, copy, or extract data from the Service. You further agree not to use any content, data, or materials accessed through the Service to train, fine-tune, or develop any artificial intelligence models, machine learning algorithms, or competing datasets and platforms.
6. INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT.
MathsGenie may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content and User Content, at any time. You hereby provide your irrevocable consent to such monitoring. In the event that you conduct or engage in any of the acts set forth in Section 5, MathsGenie may immediately suspend or restrict your use of the Service, including the Content. In more serious cases, we may terminate your Account if we believe it is necessary. We may also take legal action to protect our rights or seek compensation for any losses we incur, always in accordance with applicable law. We actively monitor usage to detect any unauthorised access or misuse of our Content.
6.1Without limiting the foregoing, MathsGenie reserves the right to: (a) remove or refuse to process any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for MathsGenie; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Service or if MathsGenie otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Agreement. Upon determination of any possible violations by you of any provision of this Agreement, MathsGenie, may, at its sole discretion immediately terminate your license to use the Service, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6.2If MathsGenie believes that criminal activity has occurred, MathsGenie reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including Your Content, in MathsGenie’s possession in connection with your use of the Service, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of MathsGenie, its users or the public, and all enforcement or other government officials, as MathsGenie in its sole discretion believes to be necessary or appropriate.
7. THIRD-PARTY SERVICE.
7.1Third-Party Websites, Applications and Ads. The Service may use AI Services, and/or contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”) (collectively, the “Third-Party Services”). Such Third-Party Services are not under the control of MathsGenie. MathsGenie is not responsible for any Third-Party Services. When you use a Third-Party Service, you become subject to the terms and conditions (including privacy policies) of another website or destination. MathsGenie does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Service, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(a)Sharing Your Content and Information Through Third-Party Services. MathsGenie may provide tools through the Service that enable you to export information, including Your Content, to Third-Party Services, including through features that allow you to link your Account with a third-party account (“Third-Party Account”), or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that MathsGenie may transfer that information to and from the applicable Third-Party Service. MathsGenie is not responsible for any Third-Party Service’s use of your exported information. Further, you represent that you are entitled to grant MathsGenie access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MathsGenie to pay any fees or making MathsGenie subject to any usage limitations imposed by such Third-Party Service providers. By granting MathsGenie access to any Third-Party Account, you understand that MathsGenie may access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through the Service via your Account. Unless otherwise specified in this Agreement, all Third-Party Account Content is considered to be Your Content for purposes of this Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. If a Third-Party Account or associated service becomes unavailable, or MathsGenie’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content may no longer be available on and through the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Service. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD- PARTY SERVICE PROVIDERS, AND MATHSGENIE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. MathsGenie makes no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and MathsGenie is not responsible for any Third-Party Account Content.
7.2App Stores. You acknowledge and agree that the availability of the Application and the Service is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play Store (each, an “App Store”). You acknowledge that the Agreement is between you and MathsGenie and not with the App Store. MathsGenie, not the App Store, is solely responsible for the Service, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any MathsGenie Property, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
7.3Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a)You acknowledge and agree that (i) the Agreement is concluded between you and MathsGenie only, and not Apple, and (ii) MathsGenie, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms.
(b)You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c)In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between MathsGenie and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MathsGenie.
(d)You and MathsGenie acknowledge that, as between MathsGenie and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e)You and MathsGenie acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between MathsGenie and Apple, MathsGenie, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(f)You and MathsGenie acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g)Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
8. FEES AND PURCHASE TERMS.
Certain areas of the Service may be made available free of charge, while other features, including premium educational content, revision resources, AI-powered tools, tutoring features or other enhanced functionality, may require payment of subscription fees or one-time charges.
8.1Third-Party Service Provider. MathsGenie uses Stripe, Inc. and its affiliates (“
Stripe”) as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (
“Third-Party Service Provider”). If you make a purchase on the Service, you will be required to provide your payment details and any additional information required to complete your order directly to our Third-Party Service Provider. You agree to be bound by Stripe’s Privacy Policy (currently accessible at
https://stripe.com/us/privacy), and its Terms of Service (currently accessible at
https://stripe.com/us/terms) and hereby consent and authorize MathsGenie and Stripe to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
8.2Payment. You shall pay all fees or charges (“Fees”) to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. By providing MathsGenie and/or our Third-Party Service Provider with your payment information, you agree that MathsGenie and/or our Third-Party Service Provider is authorized to immediately invoice your Account for all Fees due and payable to MathsGenie hereunder and that no additional notice or consent is required. You shall immediately notify MathsGenie of any change in your payment information to maintain its completeness and accuracy. MathsGenie reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to MathsGenie and/or our Third-Party Service Provider or our inability to collect payment constitutes your material breach of this Agreement. Except as otherwise expressly provided in this Agreement, all Fees for the Service are non-refundable. Nothing in this Agreement affects any rights that cannot lawfully be excluded or limited.
8.3Subscriptions. If you purchase access to certain features and functionality of the Services on a time-limited basis (a “Subscription”), the Fee for such Subscription (“Service Subscription Fee”) will be billed at the start of the Subscription (“Subscription Service Commencement Date”) and at regular intervals in accordance with your elections at the time of purchase. MathsGenie reserves the right to change the timing of our billing. MathsGenie reserves the right to change the Subscription pricing at any time in accordance with Section 16.7 (Agreement Updates). If changes to the Subscription price occur that impact your Subscription, MathsGenie will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account. If you do not agree with such changes, you may cancel your Subscription as set forth in Section 8.3(a)(i) (Cancelling Subscriptions Purchased via MathsGenie). MathsGenie is not obligated to provide the Service to you until MathsGenie accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.
(a)Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at MathsGenie’s then-current price for such Subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., monthly, annually, etc.) will be designated at the time at you sign up for the Subscription. By subscribing, you authorize MathsGenie to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if MathsGenie does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that MathsGenie may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).
(i)Cancelling Subscriptions Purchased via MathsGenie. If you purchased your Subscription directly from MathsGenie, you may cancel your Subscription by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your Subscription, you must contact MathsGenie at
hello@mathsgenie.co.uk, or log in and go to the “Change/Cancel Membership” page on your “Account Settings” page.
(ii)Effect of Cancellation. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. Cancellation does not entitle you to a refund of any portion of the Service Subscription Fee paid for the then-current Subscription period. Nothing in this Agreement affects any rights that cannot lawfully be excluded or limited.
(iii)Upgrades and Downgrades. If you choose to upgrade your Subscription in the middle of a Subscription period, such upgrade will take effect immediately and any incremental fees associated with such upgrade will be charged in accordance with this Agreement. In any future Renewal Term, the fees will reflect any such upgrades. If you choose to downgrade a Subscription, the downgrade will take effect as of the first day of the next Renewal Term. Downgrading a Subscription may cause loss of content, features, or capacity of the Services as available, and MathsGenie does not accept any liability for such loss.
8.4Taxes. The Fees do not include any Sales Tax (defined below) that may be due in connection with the Service provided under this Agreement. If MathsGenie determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, MathsGenie shall collect such Sales Tax in addition to the Fees. If any services, or payments for any services, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to MathsGenie, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify MathsGenie for any liability or expense MathsGenie may incur in connection with such Sales Taxes. Upon MathsGenie’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
8.5Withholding Taxes. You shall make all payments of Fees to MathsGenie free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of Fees to MathsGenie shall be your sole responsibility, and you shall provide MathsGenie with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
8.6Advertising Revenue. MathsGenie reserves the right to display Third-Party Ads before, after, or in conjunction with Content posted on the Service, and you acknowledge and agree that MathsGenie has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by MathsGenie as a result of such advertising).
9. INDEMNIFICATION.
You shall indemnify and hold MathsGenie, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “MathsGenie Party” and collectively, the “MathsGenie Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (i) Your Content, including any use of the Output by you; (ii) your use of, or inability to use, the Service; (iii) your violation of this Agreement; (iv) your violation of any rights of another party, including any user; or (v) your violation of any applicable laws, rules or regulations. MathsGenie reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MathsGenie in asserting any available defenses. This provision does not require you to indemnify any of the MathsGenie Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Service provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Service.
10. DISCLAIMER OF WARRANTIES.
10.1As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE MATHSGENIE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE OR YOUR CONTENT.
(a)THE MATHSGENIE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE); (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE OUTPUT, ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(b)ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c)FROM TIME TO TIME, MATHSGENIE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MATHSGENIE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
10.2NO GUARANTEES. MATHSGENIE MAKES NO GUARANTEE WITH RESPECT TO ANY OUTCOMES REGARDING EXAM RESULTS, COURSE GRADES, REVISION OUTCOMES, ASSESSMENTS, ASSIGNMENTS OR OTHER EDUCATIONAL PERFORMANCE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE AND ANY AI-ENABLED FEATURES COMPLIES WITH THE RULES, POLICIES AND REQUIREMENTS OF YOUR SCHOOL, EXAMINATION BOARD OR EDUCATIONAL INSTITUTION. THE USE OF THE SERVICE DOES NOT GUARANTEE ANY GRADES OR IMPROVEMENTS TO GRADES. MATHSGENIE IS NOT INVOLVED IN ANY GRADING PROCESS AND IS NOT RESPONSIBLE FOR ANY DECISIONS MADE BY THIRD PARTIES, INCLUDING SCHOOLS, EXAMINATION BOARDS, AWARDING BODIES OR OTHER EDUCATIONAL INSTITUTIONS, BASED ON ANY ANSWERS, EXAMINATION RESPONSES, ASSIGNMENTS OR OTHER WORK CREATED, SUBMITTED OR PREPARED USING OR WITH THE ASSISTANCE OF THE SERVICE. YOU SOLELY USE MATHSGENIE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE THE RIGHT TO USE THE SERVICE AND THAT USE OF ARTIFICIAL INTELLIGENCE TOOLS IS NOT PROHIBITED BY ANY SUCH SCHOOL, SCHOOL BOARD, OR EDUCATIONAL INSTITUTION. MATHSGENIE DOES NOT MAKE ANY WARRANTY OR GUARANTEE THAT ANY SCHOOL, SCHOOL BOARD, OR EDUCATIONAL INSTITUTION PERMITS THE USE OF MATHSGENIE AS A SUPPORT TOOL IN CONNECTION WITH EXAMINATIONS, ASSESSMENTS, ASSIGNMENTS OR OTHER ACADEMIC WORK.
MATHSGENIE DOES NOT REPRESENT OR WARRANT THAT ANY CURRICULUM, SYLLABUS, SPECIFICATION, QUESTION, WORKED SOLUTION, EXPLANATION OR OTHER EDUCATIONAL CONTENT AVAILABLE THROUGH THE SERVICE IS COMPLETE, CURRENT, ERROR-FREE, OR IDENTICAL TO THE REQUIREMENTS OF ANY PARTICULAR EXAMINATION BOARD, AWARDING BODY, SCHOOL OR EDUCATIONAL INSTITUTION. CURRICULA, SYLLABUSES, SPECIFICATIONS, ASSESSMENT REQUIREMENTS AND EXAMINATION FORMATS MAY CHANGE FROM TIME TO TIME, AND YOU ARE RESPONSIBLE FOR CHECKING THE APPLICABLE REQUIREMENTS WITH THE RELEVANT EXAMINATION BOARD, AWARDING BODY, SCHOOL OR EDUCATIONAL INSTITUTION.
10.3No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE MATHSGENIE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE MATHSGENIE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, INCLUDING ANY THIRD-PARTY PROVIDERS OF AI SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT MATHSGENIE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. MATHSGENIE MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MATHSGENIE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICE.
11. LIMITATION OF LIABILITY.
11.1Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE MATHSGENIE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY MATHSGENIE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A MATHSGENIE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MATHSGENIE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MATHSGENIE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.2Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, MATHSGENIE PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID TO MATHSGENIE BY YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (ii) $100; OR (iii) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A MATHSGENIE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MATHSGENIE PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A MATHSGENIE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.3User Content. MATHSGENIE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
11.4Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11.5Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MATHSGENIE AND YOU.
12. PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY RIGHT INFRINGEMENT.
It is MathsGenie’s policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to MathsGenie by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf. Contact information for MathsGenie’s designated agent for notice of claims of infringement is as follows: hello@mathsgenie.co.uk.
13. TERM AND TERMINATION.
13.1Term. The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above), and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.
13.2Termination by MathsGenie. If you have materially breached any provision of this Agreement, or if MathsGenie is required to do so by law (e.g., where the provision of the Service is, or becomes, unlawful), MathsGenie has the right to, immediately and without notice, suspend or terminate any Service provided to you. MathsGenie reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you. In the event we exercise this termination right, we will refund you for any pre-paid portion of your unused Subscription. You agree that all terminations for cause are made in MathsGenie’s sole discretion and that MathsGenie shall not be liable to you or any third party for any termination of your Account.
13.3Termination by You. If you want to terminate this Agreement, you may do so by (i) notifying MathsGenie at any time and (ii) closing your Account for the Service. Your notice should be sent, in writing, to MathsGenie’s address set forth below. ANY SUCH TERMINATION WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT TERM OF ANY AND ALL OF THE SUBSCRIPTIONS AS SET FORTH IN SECTION 8.3(a) (AUTOMATIC RENEWAL), WHICH WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 8.3(a) (AUTOMATIC RENEWAL).
13.4Effect of Termination. Upon termination of the Service or the applicable feature or functionality thereof, your right to use the Service or the applicable feature or functionality thereof will automatically terminate, and we may delete Your Content associated therewith from our live databases. If we terminate your Account for cause, we may also bar your further use or access to the Service. MathsGenie will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, will survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
13.5No Subsequent Registration. If this Agreement is terminated for cause by MathsGenie or if your Account or ability to access the Service is discontinued by MathsGenie due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise.
14. International Users.
The Service may be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that MathsGenie intends to announce such service or Content in your country. The Service is controlled and offered by MathsGenie from the United States of America. MathsGenie makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.
15. ARBITRATION AGREEMENT.
Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with MathsGenie and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
15.1Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and MathsGenie agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and MathsGenie may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or MathsGenie may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
15.2Informal Dispute Resolution. There might be instances when a Dispute arises between you and MathsGenie. If that occurs, MathsGenie is committed to working with you to reach a reasonable resolution. You and MathsGenie agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and MathsGenie therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to MathsGenie that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to hello@mathsgenie.co.uk. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
15.3Waiver of Jury Trial. YOU AND MATHSGENIE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and MathsGenie are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
15.4Waiver of Class and Other Non-Individualized Relief. YOU AND MATHSGENIE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 15.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 15.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and MathsGenie agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or MathsGenie from participating in a class-wide settlement of claims.
15.5Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1
et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and MathsGenie agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (
“AAA”), in accordance with the Consumer Arbitration Rules (the
“AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at
https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and MathsGenie otherwise agree, or the Batch Arbitration process discussed in Section 15.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
You and MathsGenie agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
15.6Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 15.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
15.7Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 15.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 15.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 15.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 15.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 15.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
15.8Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or MathsGenie need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
15.9Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and MathsGenie agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against MathsGenie by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by MathsGenie.
You and MathsGenie agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
15.1030-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to:
hello@mathsgenie.co.uk, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
15.11Invalidity, Expiration. Except as provided in Section 15.4 (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with MathsGenie as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
15.12Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if MathsGenie makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to MathsGenie at
hello@mathsgenie.co.uk, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. MathsGenie will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
15.13International Users. If you have your habitual residence in Ireland, United Kingdom or a country of the European Union, you can enjoy rights that protect you under the mandatory provisions of the law applicable in your country of residence. You may therefore bring an action to enforce your consumer rights in Ireland, the United Kingdom, or in the country of the European Union in which you reside.
16. GENERAL PROVISIONS.
16.1Electronic Communications. The communications between you and MathsGenie may take place via electronic means, whether you visit the Service or send MathsGenie emails, or whether MathsGenie posts notices on the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from MathsGenie in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MathsGenie electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
16.2Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without MathsGenie’s prior written consent. MathsGenie may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.3Force Majeure. MathsGenie shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
16.4Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service, please contact us at:
hello@mathsgenie.co.uk. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
16.5Privacy Policy. Please review the MathsGenie Privacy Policy to understand how we collect, use, and protect data relating to your use of the Service, including Student Data, and how to exercise your privacy rights.
16.6Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
16.7Agreement Updates. When changes are made, MathsGenie will make a new copy of this Terms of Service and/or Supplemental Terms, as applicable, available on the Service, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. MathsGenie may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.
16.8Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and MathsGenie agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Delaware.
16.9Governing Law and Jurisdiction. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. NOTHING IN THIS AGREEMENT LIMITS ANY MANDATORY RIGHTS THAT A CONSUMER MAY HAVE UNDER THE LAWS OF (I) THE EUROPEAN UNION; (II) THE EUROPEAN ECONOMIC AREA; (III) THE UNITED KINGDOM; OR (IV) SWITZERLAND, INCLUDING RIGHTS UNDER THE GDPR/UK GDPR AND APPLICABLE LOCAL CONSUMER‑PROTECTION STATUTES.
16.10Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
16.11Notice. Where MathsGenie requires that you provide an email address, you are responsible for providing MathsGenie with a valid and current email address. In the event that the email address you provide to MathsGenie is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, MathsGenie’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to MathsGenie at the following: 1130 Ogletown Road, PMB #1411, Suite 2, Newark, DE 19711, USA. Such notice shall be deemed given when received by MathsGenie by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
16.12Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.13Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
16.14Export Control. You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by MathsGenie are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer MathsGenie products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16.15Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
